Singapore legislation

Section 42B

of Presidential Elections Act 1991

Section 42B

Published-by requirements

Amended byAct 9 of 2023 wef 01/06/2023

(1)

A person commits a corrupt practice if —

(a)

the person publishes, or causes to be published, in Singapore any content, or any thing containing content, at any time during the election period of an election; (b)the content is or includes election advertising that relates to the election; and

(c)

the election advertising does not include the information mentioned in subsection (3) —

(i)

on or in it; or

(ii)

if it is not reasonably practicable in the case of online election advertising to comply with sub-paragraph (i), in text or other form in an online location that is directly accessible from the online election advertising,and in the manner (including language) prescribed by the election advertising regulations.

(2)

A person commits a corrupt practice if —

(a)

the person publicly displays, or causes to be publicly displayed, any content, or any thing containing content, at any time during the election period of an election;

(b)

the content is or includes election advertising that relates to the election; and

(c)

the election advertising does not include the information mentioned in subsection (4) on or in it and in the manner (including language) prescribed by the election advertising regulations.

(3)

The information required by subsection (1)(c) is as follows:

(a)

the identity particulars of every person who authorised the publishing of the election advertising;

(b)

the identity particulars of every person who approved the content in the election advertising, if the content is approved by a person not in paragraph (a), before the election advertising was published;

(c)

the identity particulars of every person for whom or at whose direction the election advertising was published if the person is not in paragraph (a) or (b);

(d)

in the case where all or part of the production of the content that is or includes the election advertising, or the publication of the election advertising, is paid for in money or money’s worth by the person or by another person —

(i)

the fact that the production of the content that is or includes the election advertising, or the publication of the election advertising (as the case may be) is paid for; and

(ii)

the identity particulars of every person who paid for the production of the content that is or includes the election advertising, or the publication of the election advertising, as the case may be;

(e)

the identity particulars of every printer of the election advertising, if the election advertising is printed.

(4)

The information required by subsection (2)(c) is as follows:

(a)

the identity particulars of every person who authorised the public display of the election advertising;

(b)

the identity particulars of every person who approved the content in the election advertising, if the content is approved by a person not in paragraph (a), before the election advertising was publicly displayed;

(c)

the identity particulars of every person for whom or at whose direction the election advertising was publicly displayed if the person is not in paragraph (a) or (b);

(d)

in the case where all or part of the production of the content that is or includes the election advertising, or the public display of the election advertising, is paid for in money or money’s worth by the person or by another person —

(i)

the fact that the production of the content that is or includes the election advertising, or the public display of the election advertising (as the case may be) is paid for; and

(ii)

the identity particulars of every person who paid for the production of the content that is or includes the election advertising, or the public display of the election advertising, as the case may be;

(e)

the identity particulars of every printer of the election advertising, if the election advertising is printed.

(5)

In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the content published or publicly displayed is election advertising as described in subsection (1)(b) or (2)(b), as the case may be.

(6)

Any person who is guilty of a corrupt practice under subsection (1) or (2) —

(a)

shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

shall become incapable for a period of 7 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member of Parliament, and if at that date he or she has been elected as a Member of Parliament, his or her election shall be vacated from the date of the conviction.

(7)

Where any election advertising that is printed is published or publicly displayed in the commission of a corrupt practice under subsection (1) or (2), the printer of the election advertising shall also be guilty of a corrupt practice and shall be liable on conviction to the same punishment and incapacity under this section as the person who caused to be published or publicly displayed the election advertising.

(8)

A prosecution for a corrupt practice under this section must not be instituted without the consent of the Public Prosecutor.

(9)

Subsection (1) does not apply to or in relation to publishing, or causing to be published, in Singapore any of the following:

(a)

any election advertising consisting only of permissible electoral matter and forming part of any of the following:

(i)

any clothing that is intended to be worn on the body;

(ii)

any article in the nature of a dress or clothing accessory, such as a lapel pin, tie, scarf, cap or hat;

(iii)

any button, badge, mug, pen or pencil or any other small and portable promotional item prescribed in the election advertising regulations;

(b)

any communication of content between 2 or more individuals that is of a private or domestic nature by electronic means;

(c)

any publication of any content, in a way that renders the content accessible from the Internet, and by any individual who —

(i)

is a citizen of Singapore and is not a candidate or an election agent;

(ii)

does so at no other person’s direction and on no other person’s behalf; and

(iii)

does not receive or agree to receive, and who does not contract for, any money or money’s worth, for or in connection with his or her publishing that content on the Internet;

(d)

any communication of content by means of an electronic service where the user-generated content enabled by that service is accessible substantially or only to a closed group of end‑users employed or engaged in a business (whether or not carried on for profit) and solely for their use as a tool in the conduct of that business;

(e)

any publication of any news relating to an election by an authorised news agency;

(f)

any distribution, sale or otherwise making available of any literary work or artistic work in the course of the sale, or promotion of the sale, of the literary work or artistic work for not less than its commercial value, if the literary work or artistic work (as the case may be) was planned to be published regardless if there was any election;

(g)

any publishing or causing to be published, in Singapore, of election advertising in other circumstances prescribed by the election advertising regulations.

(10)

Subsection (2) does not apply to or in relation to publicly displaying, or causing to be publicly displayed, in Singapore any of the following:

(a)

any election advertising consisting only of permissible electoral matter and forming part of any of the following:

(i)

any clothing that is intended to be worn on the body;

(ii)

any article in the nature of a dress or clothing accessory, such as a lapel pin, tie, scarf, cap or hat;

(iii)

any button, badge, mug, pen or pencil or any other small and portable promotional item prescribed in the election advertising regulations;

(b)

any public display, handing out, distribution, sale or otherwise making available of any literary work or artistic work in the course of the sale, or promotion of the sale, of the literary work or artistic work for not less than its commercial value, if the literary work or artistic work (as the case may be) was planned to be published regardless if there was any election;

(c)

any public display of election advertising in other circumstances prescribed by the election advertising regulations.

Amended byAct 9 of 2023 wef 01/06/2023